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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules
List of Subjects in 16 CFR Part 1120
Administrative practice and
procedure, Clothing, Consumer
protection, Infants and children,
Imports, Incorporation by reference.
For the reasons stated above, and
under the authority of 15 U.S.C. 2064(j),
5 U.S.C. 553, and section 3 of Public
Law 110–314, 122 Stat. 3016 (August
14, 2008), the Consumer Product Safety
Commission proposes to amend 16 CFR
part 1120, as proposed to be added
elsewhere in this issue of the Federal
Register, as follows:
PART 1120—SUBSTANTIAL PRODUCT
HAZARD LIST
1. The authority citation for part 1120
is revised to read as follows:
Authority: 15 U.S.C. 2064(j); Sec. 3, Pub.
L. 110–314, 122 Stat. 3016.
2. In § 1120.2, add paragraph (c) to
read as follows:
§ 1120.2
Definitions.
*
*
*
*
*
(c) Drawstring means a non-retractable
cord, ribbon, or tape of any material to
pull together parts of outerwear to
provide for closure.
3. In § 1120.3, add paragraph (b) to
read as follows:
§ 1120.3
Substantial product hazard list.
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*
*
*
*
*
(b) (1) Children’s upper outerwear in
sizes 2T to 16 or the equivalent, and
having one or more drawstrings, that is
subject to, but not in conformance with,
the requirements of ASTM F 1816–97,
Standard Safety Specification for
Drawstrings on Children’s Upper
Outerwear. The Director of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy from ASTM International,
100 Barr Harbor Drive, PO Box C700,
West Conshohocken, PA 19428–2959
USA, telephone: 610–832–9585; http://
www2.astm.org/. You may inspect a
copy at the Office of the Secretary, U.S.
Consumer Product Safety Commission,
Room 502, 4330 East West Highway,
Bethesda, MD 20814, telephone 301–
504–7923, or at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(2) At its option, the Commission may
use one or more of the following
methods to determine what sizes of
children’s upper outerwear are
equivalent to sizes 2T to 16:
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(i) Garments in girls’ size Large (L)
and boys’ size Large (L) are equivalent
to girls’ or boys’ size 12, respectively.
Garments in girls’ and boys’ sizes
smaller than Large (L), including ExtraSmall (XS), Small (S), and Medium (M),
are equivalent to sizes smaller than size
12. The fact that an item of children’s
upper outerwear with a hood and neck
drawstring is labeled as being larger
than Large (L) does not necessarily
mean that the item is not equivalent to
a size in the range of 2T to 12.
(ii) Garments in girls’ size Extra-Large
(XL) and boys’ size Extra-Large (XL) are
equivalent to size 16. The fact that an
item of children’s upper outerwear with
a waist or bottom drawstring is labeled
as being larger than Extra-Large (XL)
does not necessarily mean that the item
is not equivalent to a size in the range
of 2T to 16.
(iii) In cases where garment labels
give a range of sizes, if the range
includes any size that is subject to a
requirement in ASTM F 1816–97, the
garment will be considered subject,
even if other sizes in the stated range,
taken alone, would not be subject to the
requirement. For example, a coat sized
12 through 14 remains subject to the
prohibition of hood and neck area
drawstrings, even though this
requirement of the ASTM standard only
applies to garments up to size 12. A size
13 through 15 coat would not be
considered within the scope of the
ASTM standard’s prohibition of neck
and hood drawstrings, but would be
subject to the requirements for waist or
bottom drawstrings.
(iv) To fall within the scope of
paragraphs (b)(2)(i) through (2)(iii) of
this section, a garment need not state
anywhere on it, or on its tags, labels,
package, or any other materials
accompanying it, the term ‘‘girls,’’ the
term ‘‘boys,’’ or whether the garment is
designed or intended for girls or boys.
(v) The Commission may determine
equivalency to be as stated in a
manufacturer’s (including importer’s),
distributor’s, or retailer’s statements of
what sizes are equivalent to sizes 2T to
16. A firm’s statement of what sizes are
equivalent to sizes 2T to 16 may not be
used to show that the size of a garment
is not equivalent to a size in the range
of 2T to 16.
(vi) The Commission may use any
other evidence that would tend to show
that an item of children’s upper
outerwear is a size that is equivalent to
sizes 2T to 16.
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Dated: May 11, 2010.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2010–11622 Filed 5–14–10; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1120
[CPSC Docket No. CPSC–2010–0042]
Substantial Product Hazard List: HandHeld Hair Dryers
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’),
authorizes the United States Consumer
Product Safety Commission
(‘‘Commission’’) to specify, by rule, for
any consumer product or class of
consumer products, characteristics
whose existence or absence shall be
deemed a substantial product hazard
under certain circumstances. In this
document, the Commission is proposing
a rule to determine that any hand-held
hair dryer without integral immersion
protection presents a substantial
product hazard.
DATE: Written comments in response to
this notice must be received by August
2, 2010.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2010–
0042, by any of the following methods:
Electronic Submissions
Submit electronic comments in the
following way:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
electronic mail (e-mail) except through
http://www.regulations.gov.
Written Submissions
Submit written submissions in the
following way:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions),
preferably in five copies, to: Office of the
Secretary, Consumer Product Safety
Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received may be posted
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without change, including any personal
identifiers, contact information, or other
personal information provided, to
http://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
electronically. Such information should
be submitted in writing.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Randy Butturini, Office of Hazard
Identification and Reduction, Consumer
Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814;
telephone (301) 504–7562,
rbutturini@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background and Statutory Authority
The Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’) was
enacted on August 14, 2008. Public Law
110–314, 122 Stat. 3016 (August 14,
2008). The CPSIA amends statutes
which the U.S. Consumer Product
Safety Commission (‘‘Commission’’ or
‘‘CPSC’’) administers, and adds certain
new requirements.
Section 223 of the CPSIA expands
section 15 of the Consumer Product
Safety Act (‘‘CPSA’’) to add a new
subsection (j). That subsection delegates
to the Commission authority to specify
by rule for a consumer product or class
of consumer products, characteristics
whose presence or absence the
Commission considers present a
substantial product hazard. Those
characteristics must be readily
observable, have been addressed by an
applicable voluntary standard that has
been effective in reducing the risk of
injury, and there must be substantial
compliance with the voluntary
standard. 15 U.S.C. 2064(j).
Underwriters Laboratories (‘‘UL’’)
Standard for Safety for Household
Electric Personal Grooming Appliances,
UL 859, is a voluntary standard that
specifies immersion protection
requirements for certain household
appliances, including hand-held hair
dryers. The current immersion
protection provisions have been in
effect since 1991. UL Standard for
Safety for Commercial Electric Personal
Grooming Appliances, UL 1727,
specifies immersion protection
requirements for grooming appliances,
including hand-held hair dryers, which
are ‘‘intended for use by qualified
personnel in commercial establishments
such as beauty parlors, barber shops, or
cosmetic studios.’’ UL 1727 requires the
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same integral immersion protection as
UL 859. Such ‘‘commercial’’ hand-held
hair dryers may be consumer products
if they are available for sale to, or use
of, consumers.
The Commission is proposing a rule
to deem any hand-held hair dryer
without integral immersion protection,
as specified in UL 859 or UL 1727, a
substantial product hazard. Hand-held
hair dryers, most often used in
bathrooms and near water, are subject to
accidental immersion during their use.
Section 15(a) of the CPSA defines
‘‘substantial product hazard’’ to include,
a product defect which (because of the
pattern of defect, the number of
defective products distributed in
commerce, the severity of the risk, or
otherwise) creates a substantial risk of
injury to the public. 15 U.S.C. 1064(a)
On November 25, 2002, CPSC’s
Director of the Office of Compliance
sent a letter to manufacturers and
importers of hand-held hair dryers
stating that CPSC staff considers hair
dryers available for sale to, or use by,
consumers to present a substantial
product hazard if they do not have
immersion protection as required by UL
859. The letter urged manufacturers and
importers to assure that their hand-held
hair dryers provide immersion
protection. The letter noted that ‘‘[s]ome
firms market hand held hair dryers that
they contend are intended for
professional use only, that is, for use by
professionals in hair salons. However,
the staff also considers ‘professional’
hair dryers that are available for sale to
consumers and that fail to provide
immersion protection to be defective
and to present a substantial product
hazard.’’
B. The Product
A hand-held hair dryer is a portable
electrical appliance with a cord-andplug connection. Typically, they have a
big barrel-like body with a pistol grip
handle. Frequently, such hair dryers
have two control switches or knobs: one
turns the unit on and off and may allow
the user to adjust the blower speed; the
second adjusts the heat setting, often
‘‘cool/low/high.’’ Hand-held hair dryers
routinely contain open-coil heating
elements that are, in essence,
uninsulated, electrically energized wires
across which a fan blows air. These
dryers are typically used in bathrooms
near water sources, such as sinks,
bathtubs, and lavatories. Being
uninsulated, if the heating element were
to contact water, an alternative current
flow path could easily be created,
posing the risk of shock or electrocution
to the user holding the dryer (or
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retrieving it after dropping it into a sink,
bathtub, or lavatory).
The proposed rule would define
‘‘hand-held hair dryer’’ as ‘‘an electrical
appliance, intended to be held with one
hand during use, which creates a flow
of air over or through a self-contained
heating element for the purpose of
drying hair.’’
The characteristics of a hand-held
hair dryer with integral immersion
protection are readily observable. The
power cord of a hand-held hair dryer
with integral immersion protection has
a large block-shaped plug that
incorporates a type of circuit interrupter
which is either a Ground Fault Circuit
Interrupter (‘‘GFCI’’), an Appliance
Leakage Circuit Interrupter (‘‘ALCI’’), or
an Immersion Detection Circuit
Interrupter (‘‘IDCI’’). The plug usually
also has buttons labeled ‘‘Test’’ and
‘‘Reset.’’ If the hair dryer should become
wetted or immersed in water enough to
cause electrical current to flow beyond
normal circuitry, the circuit interrupter
will sense the flow and, in a fraction of
a second, disconnect the hair dryer from
its power source, preventing serious
injury or death to a consumer.
An estimated 23 million units of
hand-held hair dryers are sold annually.
The staff does not know exactly how
many companies supply hand-held hair
dryers. Sixteen suppliers of hand-held
hair dryers are listed in the UL Online
Certifications Directory as being in
compliance with UL 859. An additional
42 companies are listed in the Intertek
ETL Listed Mark Product Directory as
complying with the UL 859 standard.
Ten firms are listed to the UL 1727
standard on UL’s Online Certifications
directory and another four firms are
listed in the Intertek ETL Listed Mark
Product Directory as being in
compliance with UL 1727. In 2007, the
three largest suppliers listed accounted
for approximately 92% of domestic
hand-held hair dryer sales.
C. The Risk of Injury
The Commission has reports of 104
deaths and 43 electric shock injuries
due to hair dryer immersion/water
contact from 1984 to 2004. Of the 104
electrocutions resulting in death, the
most incidents (91) occurred during
1984–90 (before the current immersion
protection provisions of UL 859 took
effect) compared to 12 during 1991–97,
and one during 1998–04.
During 1980–86, before the
introduction of the initial UL
requirements for hair dryers, a total of
110 electrocutions (15.7 annual average)
were reported due to hair dryer
immersion/water contact. In 1987, UL
implemented a change to voluntary
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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules
standard UL 859 to require immersion
protection for hand-held hair dryers if
the dryer switch was in the ‘‘off’’
position. During 1987–90, a total of 39
such electrocutions (9.75 annual
average) were reported. In 1991, a
revision to the UL standard requiring
immersion protection in the ‘‘off’’ as well
as ‘‘on’’ position took effect. During
1991–97, after the enhanced standard
took effect, a total of 12 electrocutions
(1.71 annual average) were reported and
three electrocutions (0.3 annual average)
were reported during 1998–2007, a
period when most hair dryers made
before 1991 were likely to be out of use.
Reporting is ongoing for the years 2006
and 2007.
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D. Voluntary Standards
Hand-held hair dryers are included in
UL 859, Standard for Safety for
Household Electric Personal Grooming
Appliances. In 1985, UL revised this
standard to require protection against
electrocution when a hair dryer is
plugged into an electrical outlet, with its
switch in the ‘‘off’’ position, and is
immersed in water. The requirement
took effect in October 1987. Between
1987 and 1990, the average number of
reported deaths from hair dryer
immersion/water contact dropped to
approximately 10 deaths per year.
In 1990, the National Electrical Code
(NEC) (Article 422–24, 1990 edition)
instituted requirements for protection
against electrocutions from immersion
of hair dryers when the switch is in
either the ‘‘on’’ or the ‘‘off’’ position.
In 1987, UL, in keeping with NEC,
revised its immersion protection
standard to require that ‘‘A handsupported hair-drying appliance (such
as a hair dryer, blower-styler, heated air
comb, heated air hair curler, curling
iron-hair dryer combination, a wallhung hair dryer or hand unit of a wallmounted hair dryer, or similar
appliance) shall be constructed to
reduce the risk of electric shock when
the appliance is energized, with its
power switch in either the ‘‘on’’ or ‘‘off’’
position, and immersed in water having
an electrically conductive path to
ground.’’ This revision, which took
effect January 1, 1991, expanded
immersion protection to cover the
appliance whether the switch was in the
‘‘on’’ or ‘‘off’’ position.
As discussed in section C of this
document, the reported incidents of
death from immersion-related
electrocutions involving hand-held hair
dryers significantly declined with
implementation of immersion
protection requirements in UL 859. The
average number of reported hand-held
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hair dryer electrocutions resulting in
death is now less than one per year.
UL 1727, Standard for Safety for
Commercial Electric Personal Grooming
Appliances, originally issued in 1986,
was revised to include the same integral
immersion protection as UL 859 after
the full immersion protection
requirements in UL 859 proved to be
effective. These requirements in UL
1727 became effective March 31, 1994.
E. Recalls
As noted in section A of this
document, in November 2002, the
director of the Office of Compliance sent
a letter to importers and manufacturers
of hand-held hair dryers indicating the
staff’s expectation that such hair dryers
should have immersion protection and
that the staff would consider them to
present a substantial product hazard if
they did not. There have been numerous
recalls of hand-held hair dryers due to
lack of immersion protection. Since
January 1, 1991, there have been 30
recalls of hand-held hair dryers due to
lack of an immersion protection device.
Of these, three occurred during the year
2009.
F. Substantial Compliance
There is no statutory definition of
‘‘substantial compliance’’ in either the
CPSIA or the CPSA. Legislative history
of the CPSA provision that is related to
issuance of consumer product safety
standards indicates that substantial
compliance should be measured by
reference to the number of complying
products, rather than the number of
manufacturers of products complying
with the standard. H.R. Rep. No. 208,
97th Cong., 1st Sess. 871 (1981).
Legislative history of this CPSA
rulemaking provision also indicates that
there is substantial compliance when
the unreasonable risk of injury
associated with a product will be
eliminated or adequately reduced ‘‘in a
timely fashion.’’ Id. The Commission has
not taken the position that there is any
particular percentage that differentiates
substantial compliance from something
that is not substantial compliance.
Rather than any bright line, the
Commission has been of the view in the
rulemaking context that the
determination needs to be made on a
case-by-case basis.
The staff estimates sales of hand-held
hair dryers are about 23 million units
annually. There are 16 suppliers of
hand-held hair dryers listed in the UL
Online Certifications Directory, and an
additional 42 suppliers listed in the
Intertek ETL Listed Mark Product
Directory as supplying hand-held hair
dryers compliant with UL 859. Ten
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firms are listed to the UL 1727 standard
on UL’s Online Certifications Directory
and another four firms are listed in the
Intertek ETL Listed Mark Product
Directory as being in compliance with
UL 1727.
In 2007, the three largest suppliers
listed accounted for approximately 92%
of domestic hand-held hair dryer sales.
As discussed above, additional
suppliers are also listed as supplying
hand-held hair dryers that are in
compliance with the UL standards.
Since the three largest suppliers (which
are listed as producing hair dryers that
comply with the UL standards) account
for 92% of the domestic sales of handheld hair dryers and additional
companies are also listed as producing
complying hand-held hair dryers, the
staff estimates that over 95% of handheld hair dryers for sale in this country
comply with the UL standards. The
Commission, therefore, determines that
there is substantial compliance with UL
859 and UL 1727.
G. Effect of Section 15(j) Rule
Section 15(j) of the CPSA allows the
Commission to issue a rule specifying
that a consumer product (or class of
consumer products) has characteristics
whose presence or absence creates a
substantial product hazard. Placing a
consumer product on this substantial
product hazard list has certain
ramifications. A product that is or has
a substantial product hazard is subject
to the reporting requirements of section
15(b) of the CPSA. 15 U.S.C. 2064(b). A
manufacturer who fails to report a
substantial product hazard to the
Commission is subject to civil penalties
under section 20 of the CPSA and
possibly to criminal penalties under
section 21 of the CPSA. Id. 2069 & 2070.
A product that is or contains a
substantial product hazard is subject to
corrective action under section 15(c)
and (d) of the CPSA. Id. 2064(c) & (d).
Thus, the Commission can order the
manufacturer, distributor or retailer of
the product to offer to repair or replace
the product, or to refund the purchase
price to the consumer.
Finally, a product that is offered for
import into the United States and is or
contains a substantial product hazard
shall be refused admission into the
United States under section 17(a) of the
CPSA. Id. 2066(a).
H. Regulatory Flexibility Certification
The Regulatory Flexibility Act
(‘‘RFA’’) generally requires that agencies
review proposed rules for their potential
economic impact on small entities,
including small businesses. 5 U.S.C.
601–612. As noted in section B of this
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document above, CPSC has identified 58
suppliers of hand-held hair dryers to the
U.S. consumer market which provide
products listed to the UL standard.
Three large firms supply approximately
92% of the U.S. market share.
According to the Small Business
Administration Size Standards, these
three firms are not small businesses.
According to the UL Online
Certifications Directory and the Intertek
ETL Listed Mark Products Directory,
these three firms plus an additional 55
firms are UL listed to produce
complying hair dryers. All but one of
these 55 firms appears to be a small
business. Thus, the overwhelming
majority of hair dryers sold in the
United States are already UL listed.
Since the majority of businesses (both
large and small) are already in
compliance with the voluntary
standard, the proposed rule is not
expected to pose a significant burden to
small business. Therefore, the
Commission certifies that, in accordance
with section 605 of the RFA, the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities.
I. Environmental Considerations
A rule determining that hand-held
hair dryers without immersion
protection in accordance with UL 859 or
UL 1727 present a substantial product
hazard is not expected to have an
adverse impact on the environment and
is considered to be a ‘‘categorical
exclusion’’ for the purposes of the
National Environmental Policy Act
according to the CPSC regulations that
cover its ‘‘environmental review’’
procedures (16 CFR 1021.5(c)(1)).
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J. Paperwork Reduction Act
This proposed rule would not impose
any information collection
requirements. Accordingly, this rule is
not subject to the Paperwork Reduction
Act, 44 U.S.C. 3501–3520.
K. Effective Date
The proposed effective date of Part
1120, which declares that any held-held
hair dryer without immersion
protection, as specified in UL 859 or UL
1727, is a substantial product hazard, is
30 days from issuance of any final
regulation in the Federal Register. Thus,
it would apply to hand-held hair dryers
imported or introduced into commerce
30 days or more after publication of any
final rule in the Federal Register.
L. Preemption
The proposed rule would place handheld hair dryers without integral
immersion protection on a list of
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products that present a substantial
product hazard. The proposed rule does
not establish a consumer product safety
standard. The preemption provisions in
section 26(a) of the CPSA, 15 U.S.C.
2075(a), apply when a consumer
product safety standard is in effect.
Therefore, section 26(a) of the CPSA
would not apply to this rule.
commerce, the severity of the risk, or
otherwise) creates a substantial risk of
injury to the public.
(b) Hand-held hair dryer means an
electrical appliance, intended to be held
with one hand during use, which
creates a flow of air over or through a
self-contained heating element for the
purpose of drying hair.
M. Request for Comments
The Commission invites interested
persons to submit their comments to the
Commission on any aspect of the
proposed rule. Comments should be
submitted as provided in the
instructions in the ADDRESSES section at
the beginning of this notice.
§ 1120.3
List of Subjects in 16 CFR Part 1120
Administrative practice and
procedure, Consumer protection,
Household appliances, Imports,
Incorporation by reference.
Therefore, the Commission proposes
to amend Title 16 of the Code of Federal
Regulations by adding part 1120 to read
as follows:
PART 1120—SUBSTANTIAL PRODUCT
HAZARD LIST
Sec.
1120.1
1120.2
1120.3
Authority
Definitions
Substantial product hazard list
Authority: 15 U.S.C. 2064(j).
§ 1120.1
Authority.
Under the authority of section 15(j) of
the Consumer Product Safety Act
(CPSA), the Commission determines
that consumer products or classes of
consumer products listed in § 1120.3
have characteristics whose existence or
absence presents a substantial product
hazard under section 15(a)(2) of the
CPSA. The Commission has determined
that the listed products have
characteristics that are readily
observable and have been addressed by
a voluntary standard, that the voluntary
standard has been effective, and that
there is substantial compliance with the
voluntary standard. The listed products
are subject to the reporting requirements
of section 15(b) of the CPSA and to the
recall provisions of section 15(c) and (d)
of the CPSA, and shall be refused entry
into the United States under section
17(a)(4) of the CPSA.
§ 1120.2
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Dated: May 11, 2010.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2010–11624 Filed 5–14–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0349]
Definitions.
The definitions in section 3 of the
Consumer Product Safety Act (15 U.S.C.
2052) apply to this part 1120.
(a) Substantial product hazard means
a product defect which (because of the
pattern of defect, the number of
defective products distributed in
PO 00000
Substantial product hazard list.
The following products or class of
products shall be deemed to be
substantial product hazards under
section 15(a)(2) of the CPSA.
(a) Hand-held hair dryers that do not
provide integral immersion protection
in compliance with the requirements of
section 5 of Underwriters Laboratories
(UL) Standard for Safety for Household
Electric Personal Grooming Appliances,
UL 859–2007, 10th Edition, approved
March 21, 2007, or section 6 of UL
Standard for Safety for Commercial
Electric Personal Grooming Appliances,
UL 1727, 4th Edition, approved March
25, 1999. The Director of the Federal
Register approves these incorporations
by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain a copy from UL, Inc., 333
Pfingsten Road, Northbrook, IL 60062.
You may inspect a copy at the Office of
the Secretary, U.S. Consumer Product
Safety Commission, Room 502, 4330
East West Highway, Bethesda, MD
20814, telephone 301–504–7923, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: http://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(b) [Reserved]
Sfmt 4702
RIN 1625–AA08
Safety Zone; Delaware River, Big
Timber Creek, Westville, NJ
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
E:\FR\FM\17MYP1.SGM
17MYP1

Agencies

[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Proposed Rules]
[Pages 27504-27507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11624]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1120
[CPSC Docket No. CPSC-2010-0042]
Substantial Product Hazard List: Hand-Held Hair Dryers
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Consumer Product Safety Improvement Act of 2008
(``CPSIA''), authorizes the United States Consumer Product Safety
Commission (``Commission'') to specify, by rule, for any consumer
product or class of consumer products, characteristics whose existence
or absence shall be deemed a substantial product hazard under certain
circumstances. In this document, the Commission is proposing a rule to
determine that any hand-held hair dryer without integral immersion
protection presents a substantial product hazard.
DATE: Written comments in response to this notice must be received by
August 2, 2010.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0042, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of comments, the Commission is no
longer accepting comments submitted by electronic mail (e-mail) except
through http://www.regulations.gov.
Written Submissions
Submit written submissions in the following way:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions), preferably in five copies, to: Office of the Secretary,
Consumer Product Safety Commission, Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received may be
posted
[[Page 27505]]
without change, including any personal identifiers, contact
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
electronically. Such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Randy Butturini, Office of Hazard
Identification and Reduction, Consumer Product Safety Commission, 4330
East-West Highway, Bethesda, MD 20814; telephone (301) 504-7562,
rbutturini@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background and Statutory Authority
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'') was
enacted on August 14, 2008. Public Law 110-314, 122 Stat. 3016 (August
14, 2008). The CPSIA amends statutes which the U.S. Consumer Product
Safety Commission (``Commission'' or ``CPSC'') administers, and adds
certain new requirements.
Section 223 of the CPSIA expands section 15 of the Consumer Product
Safety Act (``CPSA'') to add a new subsection (j). That subsection
delegates to the Commission authority to specify by rule for a consumer
product or class of consumer products, characteristics whose presence
or absence the Commission considers present a substantial product
hazard. Those characteristics must be readily observable, have been
addressed by an applicable voluntary standard that has been effective
in reducing the risk of injury, and there must be substantial
compliance with the voluntary standard. 15 U.S.C. 2064(j).
Underwriters Laboratories (``UL'') Standard for Safety for
Household Electric Personal Grooming Appliances, UL 859, is a voluntary
standard that specifies immersion protection requirements for certain
household appliances, including hand-held hair dryers. The current
immersion protection provisions have been in effect since 1991. UL
Standard for Safety for Commercial Electric Personal Grooming
Appliances, UL 1727, specifies immersion protection requirements for
grooming appliances, including hand-held hair dryers, which are
``intended for use by qualified personnel in commercial establishments
such as beauty parlors, barber shops, or cosmetic studios.'' UL 1727
requires the same integral immersion protection as UL 859. Such
``commercial'' hand-held hair dryers may be consumer products if they
are available for sale to, or use of, consumers.
The Commission is proposing a rule to deem any hand-held hair dryer
without integral immersion protection, as specified in UL 859 or UL
1727, a substantial product hazard. Hand-held hair dryers, most often
used in bathrooms and near water, are subject to accidental immersion
during their use. Section 15(a) of the CPSA defines ``substantial
product hazard'' to include, a product defect which (because of the
pattern of defect, the number of defective products distributed in
commerce, the severity of the risk, or otherwise) creates a substantial
risk of injury to the public. 15 U.S.C. 1064(a)
On November 25, 2002, CPSC's Director of the Office of Compliance
sent a letter to manufacturers and importers of hand-held hair dryers
stating that CPSC staff considers hair dryers available for sale to, or
use by, consumers to present a substantial product hazard if they do
not have immersion protection as required by UL 859. The letter urged
manufacturers and importers to assure that their hand-held hair dryers
provide immersion protection. The letter noted that ``[s]ome firms
market hand held hair dryers that they contend are intended for
professional use only, that is, for use by professionals in hair
salons. However, the staff also considers `professional' hair dryers
that are available for sale to consumers and that fail to provide
immersion protection to be defective and to present a substantial
product hazard.''
B. The Product
A hand-held hair dryer is a portable electrical appliance with a
cord-and-plug connection. Typically, they have a big barrel-like body
with a pistol grip handle. Frequently, such hair dryers have two
control switches or knobs: one turns the unit on and off and may allow
the user to adjust the blower speed; the second adjusts the heat
setting, often ``cool/low/high.'' Hand-held hair dryers routinely
contain open-coil heating elements that are, in essence, uninsulated,
electrically energized wires across which a fan blows air. These dryers
are typically used in bathrooms near water sources, such as sinks,
bathtubs, and lavatories. Being uninsulated, if the heating element
were to contact water, an alternative current flow path could easily be
created, posing the risk of shock or electrocution to the user holding
the dryer (or retrieving it after dropping it into a sink, bathtub, or
lavatory).
The proposed rule would define ``hand-held hair dryer'' as ``an
electrical appliance, intended to be held with one hand during use,
which creates a flow of air over or through a self-contained heating
element for the purpose of drying hair.''
The characteristics of a hand-held hair dryer with integral
immersion protection are readily observable. The power cord of a hand-
held hair dryer with integral immersion protection has a large block-
shaped plug that incorporates a type of circuit interrupter which is
either a Ground Fault Circuit Interrupter (``GFCI''), an Appliance
Leakage Circuit Interrupter (``ALCI''), or an Immersion Detection
Circuit Interrupter (``IDCI''). The plug usually also has buttons
labeled ``Test'' and ``Reset.'' If the hair dryer should become wetted
or immersed in water enough to cause electrical current to flow beyond
normal circuitry, the circuit interrupter will sense the flow and, in a
fraction of a second, disconnect the hair dryer from its power source,
preventing serious injury or death to a consumer.
An estimated 23 million units of hand-held hair dryers are sold
annually. The staff does not know exactly how many companies supply
hand-held hair dryers. Sixteen suppliers of hand-held hair dryers are
listed in the UL Online Certifications Directory as being in compliance
with UL 859. An additional 42 companies are listed in the Intertek ETL
Listed Mark Product Directory as complying with the UL 859 standard.
Ten firms are listed to the UL 1727 standard on UL's Online
Certifications directory and another four firms are listed in the
Intertek ETL Listed Mark Product Directory as being in compliance with
UL 1727. In 2007, the three largest suppliers listed accounted for
approximately 92% of domestic hand-held hair dryer sales.
C. The Risk of Injury
The Commission has reports of 104 deaths and 43 electric shock
injuries due to hair dryer immersion/water contact from 1984 to 2004.
Of the 104 electrocutions resulting in death, the most incidents (91)
occurred during 1984-90 (before the current immersion protection
provisions of UL 859 took effect) compared to 12 during 1991-97, and
one during 1998-04.
During 1980-86, before the introduction of the initial UL
requirements for hair dryers, a total of 110 electrocutions (15.7
annual average) were reported due to hair dryer immersion/water
contact. In 1987, UL implemented a change to voluntary
[[Page 27506]]
standard UL 859 to require immersion protection for hand-held hair
dryers if the dryer switch was in the ``off'' position. During 1987-90,
a total of 39 such electrocutions (9.75 annual average) were reported.
In 1991, a revision to the UL standard requiring immersion protection
in the ``off'' as well as ``on'' position took effect. During 1991-97,
after the enhanced standard took effect, a total of 12 electrocutions
(1.71 annual average) were reported and three electrocutions (0.3
annual average) were reported during 1998-2007, a period when most hair
dryers made before 1991 were likely to be out of use. Reporting is
ongoing for the years 2006 and 2007.
D. Voluntary Standards
Hand-held hair dryers are included in UL 859, Standard for Safety
for Household Electric Personal Grooming Appliances. In 1985, UL
revised this standard to require protection against electrocution when
a hair dryer is plugged into an electrical outlet, with its switch in
the ``off'' position, and is immersed in water. The requirement took
effect in October 1987. Between 1987 and 1990, the average number of
reported deaths from hair dryer immersion/water contact dropped to
approximately 10 deaths per year.
In 1990, the National Electrical Code (NEC) (Article 422-24, 1990
edition) instituted requirements for protection against electrocutions
from immersion of hair dryers when the switch is in either the ``on''
or the ``off'' position.
In 1987, UL, in keeping with NEC, revised its immersion protection
standard to require that ``A hand-supported hair-drying appliance (such
as a hair dryer, blower-styler, heated air comb, heated air hair
curler, curling iron-hair dryer combination, a wall-hung hair dryer or
hand unit of a wall-mounted hair dryer, or similar appliance) shall be
constructed to reduce the risk of electric shock when the appliance is
energized, with its power switch in either the ``on'' or ``off''
position, and immersed in water having an electrically conductive path
to ground.'' This revision, which took effect January 1, 1991, expanded
immersion protection to cover the appliance whether the switch was in
the ``on'' or ``off'' position.
As discussed in section C of this document, the reported incidents
of death from immersion-related electrocutions involving hand-held hair
dryers significantly declined with implementation of immersion
protection requirements in UL 859. The average number of reported hand-
held hair dryer electrocutions resulting in death is now less than one
per year.
UL 1727, Standard for Safety for Commercial Electric Personal
Grooming Appliances, originally issued in 1986, was revised to include
the same integral immersion protection as UL 859 after the full
immersion protection requirements in UL 859 proved to be effective.
These requirements in UL 1727 became effective March 31, 1994.
E. Recalls
As noted in section A of this document, in November 2002, the
director of the Office of Compliance sent a letter to importers and
manufacturers of hand-held hair dryers indicating the staff's
expectation that such hair dryers should have immersion protection and
that the staff would consider them to present a substantial product
hazard if they did not. There have been numerous recalls of hand-held
hair dryers due to lack of immersion protection. Since January 1, 1991,
there have been 30 recalls of hand-held hair dryers due to lack of an
immersion protection device. Of these, three occurred during the year
2009.
F. Substantial Compliance
There is no statutory definition of ``substantial compliance'' in
either the CPSIA or the CPSA. Legislative history of the CPSA provision
that is related to issuance of consumer product safety standards
indicates that substantial compliance should be measured by reference
to the number of complying products, rather than the number of
manufacturers of products complying with the standard. H.R. Rep. No.
208, 97th Cong., 1st Sess. 871 (1981). Legislative history of this CPSA
rulemaking provision also indicates that there is substantial
compliance when the unreasonable risk of injury associated with a
product will be eliminated or adequately reduced ``in a timely
fashion.'' Id. The Commission has not taken the position that there is
any particular percentage that differentiates substantial compliance
from something that is not substantial compliance. Rather than any
bright line, the Commission has been of the view in the rulemaking
context that the determination needs to be made on a case-by-case
basis.
The staff estimates sales of hand-held hair dryers are about 23
million units annually. There are 16 suppliers of hand-held hair dryers
listed in the UL Online Certifications Directory, and an additional 42
suppliers listed in the Intertek ETL Listed Mark Product Directory as
supplying hand-held hair dryers compliant with UL 859. Ten firms are
listed to the UL 1727 standard on UL's Online Certifications Directory
and another four firms are listed in the Intertek ETL Listed Mark
Product Directory as being in compliance with UL 1727.
In 2007, the three largest suppliers listed accounted for
approximately 92% of domestic hand-held hair dryer sales. As discussed
above, additional suppliers are also listed as supplying hand-held hair
dryers that are in compliance with the UL standards. Since the three
largest suppliers (which are listed as producing hair dryers that
comply with the UL standards) account for 92% of the domestic sales of
hand-held hair dryers and additional companies are also listed as
producing complying hand-held hair dryers, the staff estimates that
over 95% of hand-held hair dryers for sale in this country comply with
the UL standards. The Commission, therefore, determines that there is
substantial compliance with UL 859 and UL 1727.
G. Effect of Section 15(j) Rule
Section 15(j) of the CPSA allows the Commission to issue a rule
specifying that a consumer product (or class of consumer products) has
characteristics whose presence or absence creates a substantial product
hazard. Placing a consumer product on this substantial product hazard
list has certain ramifications. A product that is or has a substantial
product hazard is subject to the reporting requirements of section
15(b) of the CPSA. 15 U.S.C. 2064(b). A manufacturer who fails to
report a substantial product hazard to the Commission is subject to
civil penalties under section 20 of the CPSA and possibly to criminal
penalties under section 21 of the CPSA. Id. 2069 & 2070.
A product that is or contains a substantial product hazard is
subject to corrective action under section 15(c) and (d) of the CPSA.
Id. 2064(c) & (d). Thus, the Commission can order the manufacturer,
distributor or retailer of the product to offer to repair or replace
the product, or to refund the purchase price to the consumer.
Finally, a product that is offered for import into the United
States and is or contains a substantial product hazard shall be refused
admission into the United States under section 17(a) of the CPSA. Id.
2066(a).
H. Regulatory Flexibility Certification
The Regulatory Flexibility Act (``RFA'') generally requires that
agencies review proposed rules for their potential economic impact on
small entities, including small businesses. 5 U.S.C. 601-612. As noted
in section B of this
[[Page 27507]]
document above, CPSC has identified 58 suppliers of hand-held hair
dryers to the U.S. consumer market which provide products listed to the
UL standard. Three large firms supply approximately 92% of the U.S.
market share. According to the Small Business Administration Size
Standards, these three firms are not small businesses. According to the
UL Online Certifications Directory and the Intertek ETL Listed Mark
Products Directory, these three firms plus an additional 55 firms are
UL listed to produce complying hair dryers. All but one of these 55
firms appears to be a small business. Thus, the overwhelming majority
of hair dryers sold in the United States are already UL listed. Since
the majority of businesses (both large and small) are already in
compliance with the voluntary standard, the proposed rule is not
expected to pose a significant burden to small business. Therefore, the
Commission certifies that, in accordance with section 605 of the RFA,
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
I. Environmental Considerations
A rule determining that hand-held hair dryers without immersion
protection in accordance with UL 859 or UL 1727 present a substantial
product hazard is not expected to have an adverse impact on the
environment and is considered to be a ``categorical exclusion'' for the
purposes of the National Environmental Policy Act according to the CPSC
regulations that cover its ``environmental review'' procedures (16 CFR
1021.5(c)(1)).
J. Paperwork Reduction Act
This proposed rule would not impose any information collection
requirements. Accordingly, this rule is not subject to the Paperwork
Reduction Act, 44 U.S.C. 3501-3520.
K. Effective Date
The proposed effective date of Part 1120, which declares that any
held-held hair dryer without immersion protection, as specified in UL
859 or UL 1727, is a substantial product hazard, is 30 days from
issuance of any final regulation in the Federal Register. Thus, it
would apply to hand-held hair dryers imported or introduced into
commerce 30 days or more after publication of any final rule in the
Federal Register.
L. Preemption
The proposed rule would place hand-held hair dryers without
integral immersion protection on a list of products that present a
substantial product hazard. The proposed rule does not establish a
consumer product safety standard. The preemption provisions in section
26(a) of the CPSA, 15 U.S.C. 2075(a), apply when a consumer product
safety standard is in effect. Therefore, section 26(a) of the CPSA
would not apply to this rule.
M. Request for Comments
The Commission invites interested persons to submit their comments
to the Commission on any aspect of the proposed rule. Comments should
be submitted as provided in the instructions in the ADDRESSES section
at the beginning of this notice.
List of Subjects in 16 CFR Part 1120
Administrative practice and procedure, Consumer protection,
Household appliances, Imports, Incorporation by reference.
Therefore, the Commission proposes to amend Title 16 of the Code of
Federal Regulations by adding part 1120 to read as follows:
PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST
Sec.
1120.1 Authority
1120.2 Definitions
1120.3 Substantial product hazard list
Authority: 15 U.S.C. 2064(j).
Sec. 1120.1 Authority.
Under the authority of section 15(j) of the Consumer Product Safety
Act (CPSA), the Commission determines that consumer products or classes
of consumer products listed in Sec. 1120.3 have characteristics whose
existence or absence presents a substantial product hazard under
section 15(a)(2) of the CPSA. The Commission has determined that the
listed products have characteristics that are readily observable and
have been addressed by a voluntary standard, that the voluntary
standard has been effective, and that there is substantial compliance
with the voluntary standard. The listed products are subject to the
reporting requirements of section 15(b) of the CPSA and to the recall
provisions of section 15(c) and (d) of the CPSA, and shall be refused
entry into the United States under section 17(a)(4) of the CPSA.
Sec. 1120.2 Definitions.
The definitions in section 3 of the Consumer Product Safety Act (15
U.S.C. 2052) apply to this part 1120.
(a) Substantial product hazard means a product defect which
(because of the pattern of defect, the number of defective products
distributed in commerce, the severity of the risk, or otherwise)
creates a substantial risk of injury to the public.
(b) Hand-held hair dryer means an electrical appliance, intended to
be held with one hand during use, which creates a flow of air over or
through a self-contained heating element for the purpose of drying
hair.
Sec. 1120.3 Substantial product hazard list.
The following products or class of products shall be deemed to be
substantial product hazards under section 15(a)(2) of the CPSA.
(a) Hand-held hair dryers that do not provide integral immersion
protection in compliance with the requirements of section 5 of
Underwriters Laboratories (UL) Standard for Safety for Household
Electric Personal Grooming Appliances, UL 859-2007, 10th Edition,
approved March 21, 2007, or section 6 of UL Standard for Safety for
Commercial Electric Personal Grooming Appliances, UL 1727, 4th Edition,
approved March 25, 1999. The Director of the Federal Register approves
these incorporations by reference in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. You may obtain a copy from UL, Inc., 333 Pfingsten
Road, Northbrook, IL 60062. You may inspect a copy at the Office of the
Secretary, U.S. Consumer Product Safety Commission, Room 502, 4330 East
West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) [Reserved]
Dated: May 11, 2010.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010-11624 Filed 5-14-10; 8:45 am]
BILLING CODE 6355-01-P